Description
In a Part 8 Claim for professional negligence against a GP a Part 36 Offer was made and accepted following exchange of pre-action correspondence. The question arose as to whether CPR 36.10 applied to costs incurred pre-issue. By contrast to CPR 36.3, CPR 36.10 applied to pre-issue costs as much as to post-issue costs. Where the defendant had delayed for more than 11 months beyond the time for responding to the pre-action protocol letter and the case involved the need for consideration of causation and quantum with experts and an infant approval settlement the Court would exercise its discretion to permit acceptance of the Part 36 Offer after the 21 days permitted even where the Claimants had failed to ask for an extension of time for its acceptance.
